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Poster: Luis Sal Date: Nov 3, 2008 11:27pm
Forum: 78rpm Subject: using recordings in film legally

i want to use a song (Roaring 20sBig Bands-31-40) in a short film. Sayed song is in a Public Domain,
however how do i know that the recording is subjected to any copyright... would i need to obtain some sort of license to be abble to use it freely, how to i spare any legal trouble??

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Poster: LordOfTheExacto Date: Nov 5, 2008 7:03pm
Forum: 78rpm Subject: Re: using recordings in film legally

If it's public domain, then it's okay to use it any way you like. Nobody has any control over it.

Si es de titulo publico, es cumpletamente libre. Se puede usar como quiera. Nadie tiene control de la material.

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Poster: rgs_uk Date: Nov 20, 2008 1:46pm
Forum: 78rpm Subject: Re: using recordings in film legally

It also depends where you live, whether a particular recording was released in that country and where you plan to show your movie. As other countries have different copyright laws. For instance in Britain it must be more than 70 years since the death of the composer and (I think) more than 50 years since the performance. So a piece of music may be public domain and legal to use in one country but not in another, where showing the movie could amount to copyright infringement?

There are British films made in the 1950's that are apparently public domain in the USA and available for download on archive.org, but which are protected by copyright in Britain and won't be out of copyright there until 70 years after the death of all the major contributors (eg. writer, director and composer of any music).

By the way, can someone say what is the duration of copyright for composers in the USA? For instance I see there are recordings on here of Cole Porter songs, but he didn't die until 1964 -- just 44 years ago.

This post was modified by rgs_uk on 2008-11-20 21:46:07

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Poster: Classic_TV_and_Radio_Fan Date: Nov 20, 2008 1:44pm
Forum: 78rpm Subject: Re: using recordings in film legally

On the flip side, there are films which are under copyright in the US yet are public domain in the UK. This is very confusing and even *I* can't explain it!

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Poster: rgs_uk Date: Nov 20, 2008 1:56pm
Forum: 78rpm Subject: Re: using recordings in film legally

I suppose the copyright owner could make a work public domain in one country but retain the copyright for another country. I haven't heard of an example of that though.

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Poster: Classic_TV_and_Radio_Fan Date: Nov 20, 2008 1:58pm
Forum: 78rpm Subject: Re: using recordings in film legally

But the film in question is a block-buster that made oodles of money. It was released in 1956 and some for reason several PD companies have released it on DVD in the UK. Maybe they are trying to see if the UK's laws can be changed?

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Poster: rgs_uk Date: Nov 20, 2008 1:56pm
Forum: 78rpm Subject: Re: using recordings in film legally

I suppose the copyright owner could make a work public domain in one country but retain the copyright for another country. I haven't heard of an example of that though.

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Poster: Classic_TV_and_Radio_Fan Date: Nov 20, 2008 1:56pm
Forum: 78rpm Subject: Re: using recordings in film legally

Most of the "compositions" on here are indeed copyrighted, it's the *recordings* which are PD. Speaking of which, in the UK Elvis Presley's *recordings* from the 50's are largely PD.

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Poster: rgs_uk Date: Nov 20, 2008 1:59pm
Forum: 78rpm Subject: Re: using recordings in film legally

Doesn't that mean that the composer has to be paid?

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Poster: Classic_TV_and_Radio_Fan Date: Nov 20, 2008 1:59pm
Forum: 78rpm Subject: Re: using recordings in film legally

Yes. I'm no expert on copyright, but it appears that in the UK, a *recording* can be PD but not the *composition*. Same probably applies with US. That's why over 10 different companies have released Elvis Presley's first album on CD in the UK. They still pay song-writing royalties though.

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Poster: rgs_uk Date: Nov 20, 2008 2:03pm
Forum: 78rpm Subject: Re: using recordings in film legally

Me neither but I think you're right.

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Poster: Classic_TV_and_Radio_Fan Date: Nov 20, 2008 2:04pm
Forum: 78rpm Subject: Re: using recordings in film legally

I mean, look at this:
http://www.amazon.co.uk/Christmas-Elvis-Presley/dp/B001CQWJVO/

Obscure label, weird packaging, I doubt RCA would allow something like that! ALL HAIL BUDGET CD COMPANIES!

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Poster: rgs_uk Date: Nov 20, 2008 1:59pm
Forum: 78rpm Subject: Re: using recordings in film legally

Doesn't that mean that the composer has to be paid?

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Poster: Administrator, Curator, or StaffTrashed_Tapes Date: Feb 5, 2009 5:33am
Forum: 78rpm Subject: Re: using recordings in film legally

http://www.copyright.gov/carp/m200a.html

How many copys do you plan too print?
Do you plan to sale?

If you plan to sale, why not help out the owner of the publishing rights? As you can see from the above link the price really isn't that high. Its not the writter that needs paid, its the publishing owner. Well, here in the US anyway.